[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 397 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 397


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

     Received; read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
   To amend the Homeland Security Act of 2002 to establish chemical, 
  biological, radiological, and nuclear intelligence and information 
  sharing functions of the Office of Intelligence and Analysis of the 
    Department of Homeland Security and to require dissemination of 
        information analyzed by the Department to entities with 
responsibilities relating to homeland security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``CBRN Intelligence and Information 
Sharing Act of 2021''.

SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE 
              AND INFORMATION SHARING.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after 
section 210G the following new section:

``SEC. 210H. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
              INTELLIGENCE AND INFORMATION SHARING.

    ``(a) In General.--The Office of Intelligence and Analysis of the 
Department of Homeland Security shall--
            ``(1) support homeland security-focused intelligence 
        analysis of terrorist actors, their claims, and their plans to 
        conduct attacks involving chemical, biological, radiological, 
        or nuclear materials against the United States, including 
        critical infrastructure;
            ``(2) support homeland security-focused intelligence 
        analysis of global infectious disease, public health, food, 
        agricultural, and veterinary issues;
            ``(3) support homeland security-focused risk analysis and 
        risk assessments of the homeland security hazards described in 
        paragraphs (1) and (2), including the transportation of 
        chemical, biological, nuclear, and radiological materials, by 
        providing relevant quantitative and nonquantitative threat 
        information;
            ``(4) leverage existing and emerging homeland security 
        intelligence capabilities and structures to enhance early 
        detection, prevention, protection, response, and recovery 
        efforts with respect to a chemical, biological, radiological, 
        or nuclear attack;
            ``(5) share information and provide tailored analytical 
        support on such threats to State, local, Tribal, and 
        territorial authorities, and other Federal agencies, as well as 
        relevant national biosecurity and biodefense stakeholders, as 
        appropriate; and
            ``(6) perform other responsibilities, as assigned by the 
        Secretary.
    ``(b) Coordination.--Where appropriate, the Office of Intelligence 
and Analysis shall coordinate with other relevant Department 
components, including the Countering Weapons of Mass Destruction Office 
and the National Biosurveillance Integration Center, agencies within 
the intelligence community, including the National Counter 
Proliferation Center, and other Federal, State, local, Tribal, and 
territorial authorities, including officials from high-threat urban 
areas, State and major urban area fusion centers, and local public 
health departments, as appropriate, and enable such entities to provide 
recommendations on optimal information sharing mechanisms, including 
expeditious sharing of classified information, and on how such entities 
can provide information to the Department.
    ``(c) Definitions.--In this section:
            ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            ``(2) National biosecurity and biodefense stakeholders.--
        The term `national biosecurity and biodefense stakeholders' 
        means officials from Federal, State, local, Tribal, and 
        territorial authorities and individuals from the private sector 
        who are involved in efforts to prevent, protect against, 
        respond to, and recover from a biological attack or other 
        phenomena that may have serious health consequences for the 
        United States, including infectious disease outbreaks.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 201E the following new item:

``Sec. 210H. Chemical, biological, radiological, and nuclear 
                            intelligence and information sharing.''.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter for each of 
        the following four years, the Secretary of Homeland Security 
        shall report to the appropriate congressional committees on the 
        following:
                    (A) The intelligence and information sharing 
                activities under section 210H of the Homeland Security 
                Act of 2002 (as added by subsection (a) of this 
                section) and of all relevant entities within the 
                Department of Homeland Security to counter the threat 
                from attacks using chemical, biological, radiological, 
                or nuclear materials.
                    (B) The Department's activities in accordance with 
                relevant intelligence strategies.
            (2) Assessment of implementation.--The reports required 
        under paragraph (1) shall include the following:
                    (A) An assessment of the progress of the Office of 
                Intelligence and Analysis of the Department of Homeland 
                Security in implementing such section 210F.
                    (B) A description of the methods established to 
                carry out such assessment.
            (3) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        any committee of the House of Representatives or the Senate 
        having legislative jurisdiction under the rules of the House of 
        Representatives or Senate, respectively, over the matter 
        concerned.

SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO 
              STATE, LOCAL, TRIBAL, TERRITORIAL, AND PRIVATE ENTITIES 
              WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY.

    Paragraph (6) of section 201(d) of the Homeland Security Act of 
2002 (6 U.S.C. 121(d)) is amended by striking ``and to agencies of 
State'' and all that follows through the period at the end and 
inserting ``to State, local, tribal, territorial, and private entities 
with such responsibilities, and, as appropriate, to the public, in 
order to assist in preventing, deterring, or responding to acts of 
terrorism against the United States.''.

            Passed the House of Representatives April 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.